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HomeMy WebLinkAboutORD NO 3108ORDINANCE NO. 3108 , NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 16.20.060 AND 16.22.030 B. OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO CERTIFICATES REQUIRED WITH FINAL MAPS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 16.20.060 of the Bakersfield Municipal Court is hereby amended to rea~ as follows: 16.20.060 Certificate of parties having record title interest. A. A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final tract map is required, except as omitted pursuant to Section 66436 of the Map Act or this section. B. The signatures of each party owning a recorded interest in, or right to, minerals, including but not limited to, oil, gas, or other hydrocarbon substances, not including lessees of such rights, shall be required unless his name and the nature of his respective interest are stated on the final map and the advisory agency determines, or on appeal the City Council finds, at least one of the following applies: 1. The party's right of surface entry has been expressly waived. The party's interest is less than twenty percent and the signature of one or more party having a combined interest of more than 50% has been obtained. At least two weeks prior to the date of hearing on the tentative map, the sub- divider has given written notice, by registered mail to each owner of record of minerals underlying the subdivision, of intent to reserve and delineate or describe a drill site on the subdivision map, and a drill site or sites of practi- cable size and location and either within the subdivision or within a ~racticable distance thereof, as determined by the advisory agency, and as to which the owner of the mineral interest has a recorded right of access and use, is or has been reserved and is delineated on the approved tentative map for the subdivision or, if outside the boundaries of the subdivision, is specifi- cally described on the approved tentative map. The advisory agency may require the subdivider to install a wall or fence and landscaping around any or all reserved drill sites and that adequate provisions be made for maintenance thereof. Approval by the advisory agency of a reserved drill site shall constitute approval to drill thereon upon compliance with all conditions and mitigation required under other applicable regulations and processes. At least two weeks prior to the date of hearing on the tentative map, the sub- divider has given written notice, by regis- tered mail to each owner of record of mineral rights underlying the subdivision, of intent to make the showing provided for in this subsection, and has presented at said hearing competent, technical evidence establishing to the satisfaction of the advisory agency that production of minerals from beneath the subdivision is improbable. C. The provisions of subsection B., above, shall be applicable to any final parcel map unless each parcel created thereby has a gross area of 20 acres or more. SECTION 2. Section 16.22.030 B. of the Bakersfield Municipal Code is hereby amended to read as follows: 16.22.030 Certificates on map. B. Subject to the provisions of Section 66436 of the Map Act, unless otherwise determined by the advisory agency, a sepa- rate certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, con- senting to the preparation and recordation of the parcel map is requl~ed; provided, however, that for good and sufficient cause shown by the subdivider, the advisory agency may waive any or all such signatures and/or names and nature of the respective inter- ests otherwise required by Section 66436 of the Map Act at any time after the tentative map is submitted for approval. Such waiver shall be certified by the city engineer. The provisions of Section 16.22.030 B. shall apply to the waiver of signatures of parties owning a recorded interest in, or right to, minerals, including, but not limited to, oil, gas or other hydrocarbon substances, if any parcel created by the final parcel map will have a gross area of less than 20 acres. SECTION 3. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage, and shall apply to each tract, and parcel map with any parcel of less than 20 acres, as to which no final map has been recorded. .......... 000 .......... - 3 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on July 29, 1987 , by the following vote: AYES: CEIUNC;LMEMBER$ CHIL,DS, C~RtSTENS£N, SMITH, BA~I'Y, MOORE, DICKERSON, SALVAGGIO N_OES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINING: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED July 29, 1987 MAYOR of the City of/Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield AJS/meg O ORD 4 O.CERT1 7/6/87 Affik. t of Iostmg STATE OF CALIFORNIA t ss. County of Kern I CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on September 24 87 , 19 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on July 29 , 19 87 , which ordinance was numbered 3108 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 16.20.060 AND 16.22.030 B. OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO CERTIFICATES REQUIRED WITH FINAL MAPS. City Clerk